Appeal No. 1997-4099
Application No. 08/345,343
be used independently or as mixtures of more than two. (Column 7, lines 8-10). Kondo
does not disclose the halogenated aluminum compound can be added in multiple stages.
Hoff discloses a process for increasing the particle size of polyethylene polymers
wherein the polymer is produced in the presence of a catalyst comprising an
organometallic compound and a transition metal compound. (Column 1, lines 7-24). The
catalyst component is formed from three components (i) magnesium dialkoxide, (ii) a
lower alkyl titanium (IV) alkoxide and (iii) a lower alkyl alkylaluminum dichloride.
(Column 2, lines 7-22). Hoff discloses the alkylaluminum compound is added in at least
two stages in equal portions. (Column 3, lines 6-11). Hoff does not disclose different
alkylaluminum compounds can be added in multiple stages in equal portions.
The Examiner asserts it would have been obvious to use two different
organoaluminum halides each added in different stages. The Examiner’s position is
reproduced below:
It would be [sic, have been] obvious to use two different organoaluminum
halides coming within the scope of the claims because (1) Kondo teaches
that two or more different organoaluminum halide compounds may be used
and (2) Hoff teaches that adding the alkyl aluminum halide precipitant to the
homogenous solution of the magnesium alkoxide and titanium alkoxide in
two stages increases the particle size of the catalyst and of the polymer
produced therewith... Thus, from these two teachings it would be [sic, have
been] obvious to use two different organoaluminum halides using the
sequential contact procedure of Hoff.
(Examiner’s Answer, page 3, second paragraph)
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